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Bombay High CourtABA/1630/2025disposed off

Vijay Haridas Phalke And ANR v. State Of Maharashtra

2025-10-14Hon'Ble Shri Justice Madhav J. Jamdar2 pages

35-ABA-1630-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1630 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.10.14 22:30:09 +0530 Vijay Haridas Phalke & Anr.

...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Ms. Anjali Patil, for the Applicants.

Ms. M. M. Deshmukh, Public Prosecutor a/w Ms. S. M. Yadav, APP for the Respondent-State.

Mr. Hitesh P. Shah, for Respondent No.2.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 14 OCTOBER 2025 P.C.:

1.

At the outset, Ms. Deshmukh, learned Public Prosecutor submits that as far as Applicant No.1 is concerned, there are 5 criminal antecedents and as far as Applicant No.2 is concerned, there are 3 criminal antecedents. She submits that all the antecedents are not disclosed in the Anticipatory Bail Application and therefore the Applicants have not approached the Court with clean hands. She further submits that in terms of the law laid down by the Supreme Court in the case of Munnesh v. State of Uttar Pradesh1, the Anticipatory Bail Application is required to be dismissed on this ground alone. 2025 SCC OnLine SC 1319

35-ABA-1630-2025.doc 2.

In view of the said submission made by Ms. Deshmukh, learned Public Prosecutor, Ms. Anjali Patil, learned Counsel appearing for the Applicants seeks withdrawal of the Anticipatory Bail Application. She submits that liberty be granted to file fresh Anticipatory Bail Application by giving all the particulars of the antecedents. She only submits that a learned Single Judge by Order dated 18th June 2025 has protected the Applicants and therefore the said protection be continued for some period.

3.

Accordingly, the Anticipatory Bail Application is allowed to be withdrawn and disposed of as such with liberty as sought. 4.

Protection granted by a learned Single Judge by the Order dated 18th June 2025 shall remain in operation till 6th November 2025. [MADHAV J. JAMDAR, J.]